Streets & Alleys FAQ 4

Are the traffic regulations set forth in chapter 346 enforceable on private roads in cities and villages?

Generally speaking, the answer is no
although a municipality can enter into an agreement with the owner of a
private road or driveway within a manufactured and mobile home community
located within the municipality to treat the private road or driveway
as a highway for purposes of traffic regulation enforcement by municipal
police.

Section 346.02(1), Stats., provides that
the traffic regulations set forth in Chapter 346 apply exclusively to
highways, except as otherwise expressly provided in the chapter. The
term “highway” is defined in sec. 340.01(22), Stats., to exclude private
roads and driveways. Thus the rules of the road set forth in Chapter
346 are generally not enforceable on private roads. However, 2009 Wis.
Act 129 created sec. 349.03(5) which allows a political subdivision to
enter into a written agreement with the owner of a private road or
driveway within a manufactured and mobile home community located within
the political subdivision’s boundaries to enforce traffic regulations
under ch. 346 or local ordinances in conformity with ch. 346 on the
private road or driveway. The agreement can limit the traffic
regulations or ordinances to be enforced under the agreement. Act 129
also created sec. 346.01(1m) which provides that for purposes of chapter
346 (rules of the road), “highway” includes a private road or driveway
subject to an agreement for traffic regulation enforcement under sec.
349.03(5). Although cities and villages are authorized to adopt local
traffic regulations, they must be in strict conformity with state law
pursuant to Wis., Stat. sec. 349.06. Since Chapter 346 does not apply to
private roads, except where expressly stated, a local ordinance that
seeks to generally apply the speeding or other rules of the road set
forth in Chapter 346 to private roads that are not subject to such
regulation under Chapter 346 would not be in strict conformity with
state law.